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(영문) 인천지방법원 2015.05.01 2015고정934

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a manager of the office of the company C located in Nam-gu Incheon Metropolitan City, who is an employer who runs interior fishery by using one full-time employee.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the sum of KRW 1,750,00 in October 2014, and KRW 2,274,990 in November 1, 2014, which had worked in the said workplace from September 1, 2014 to November 9, 2014, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted differently from the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the written agreement submitted on April 30, 2015, D can recognize the fact that it has withdrawn his/her wish to punish the Defendant after the institution of the instant public prosecution. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.